Terms and Conditions

Qualitype Forensics GmbH

§ 1 General

The following General Terms and Conditions apply to all deliveries, services, and offers of Qualitype Forensics GmbH. Any counter-confirmations by the customer with reference to their own terms and conditions of business or purchase are hereby rejected. Deviations from these terms and conditions are only valid if they have been confirmed in writing by Qualitype Forensics GmbH.

§ 2 Offers

Offers made by Qualitype Forensics GmbH are non-binding and subject to change unless otherwise agreed. Individual offers are valid for 30 calendar days from the date of the offer, unless otherwise stated. If no date is indicated, the date of the postmark shall be used as the reference.

§ 3 Conclusion of Contract

All contracts, orders, and agreements require written or telegraphic confirmation by Qualitype Forensics GmbH in order to be legally effective.
Unless otherwise agreed, the written order confirmation by Qualitype Forensics GmbH forms the basis of the contract. Employees of Qualitype Forensics GmbH are not authorized to make commitments deviating from these General Terms and Conditions.

§ 4 Delivery Periods

Delivery and performance periods require written confirmation by Qualitype Forensics GmbH in order to be valid.
Compliance with the agreed fulfilment dates presupposes that the customer provides all necessary work and documents in full by the deadlines specified by Qualitype Forensics GmbH and fulfils their duty to cooperate to the required extent.
Delivery delays and cost increases resulting from incorrect, incomplete, or subsequently amended information and details or documents provided are not the responsibility of Qualitype Forensics GmbH and shall not constitute a delay on the part of Qualitype Forensics GmbH. Any additional costs arising therefrom shall be borne by the customer. The delivery period shall be extended appropriately if the above-mentioned requirements are not met in a timely manner.
Qualitype Forensics GmbH shall not be liable for delivery and performance delays resulting from force majeure or from circumstances or events that significantly impede or make it impossible for Qualitype Forensics GmbH to fulfil the order – this includes, in particular, strikes, lockouts, official orders, etc., even if these occur at suppliers of Qualitype Forensics GmbH or their subcontractors – even in the case of bindingly agreed deadlines.
Qualitype Forensics GmbH reserves the right, under such circumstances, to withdraw from the contract in whole or in part or to extend the delivery and performance periods by a corresponding duration. The customer is entitled, after consultation with Qualitype Forensics GmbH, to withdraw from the contract under such circumstances if a period of 12 weeks has passed since the expiry of the agreed delivery and performance period.
If the customer is in default of acceptance, Qualitype Forensics GmbH is entitled to claim compensation for any damages incurred as a result. Upon the occurrence of default of acceptance, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer.

§ 5 Prices and Shipping

Prices are stated exclusively in euros. The prices specified in the order confirmation of Qualitype Forensics GmbH plus the applicable statutory VAT are decisive. Additional deliveries and services will be charged separately.
Shipping is at the risk and expense of the purchaser. This also applies if Qualitype Forensics GmbH has assumed the transport costs. If shipping is delayed at the request of the buyer, the risk shall pass to the buyer upon notification of readiness for shipment.

§ 6 Terms of Payment and Default in Payment

Unless otherwise agreed, all payments including VAT are due without any deductions and free of charges within 14 calendar days from the invoice date. This also applies to partial invoices.
A payment is only deemed to have been made when Qualitype Forensics GmbH has access to the amount. In the case of cheques, payment is only considered made once the cheque has been cashed.
The customer is in default of payment if the invoiced amount has not been paid to Qualitype Forensics GmbH within the agreed payment period from the invoice date. Default of payment occurs even without a reminder.
Compliance with the agreed payment terms constitutes an essential condition for the execution and continuation of delivery or fulfilment of the contract by Qualitype Forensics GmbH. Failure to comply with the agreed payment terms entitles Qualitype Forensics GmbH to suspend ongoing work or services within one week after written notice and to withdraw from the contract. All costs incurred as a result, as well as any loss of profit, shall be borne by the customer.
Qualitype Forensics GmbH is entitled, notwithstanding any provisions to the contrary by the customer, to first offset payments against the customer’s older debts and will inform the buyer of the type of settlement made. If costs and interest have already been incurred, Qualitype Forensics GmbH is entitled to apply payments first to the costs, then to the interest, and lastly to the principal claim.

§ 7 Warranty

Obvious defects in the delivered goods or services of Qualitype Forensics GmbH must be reported without delay, at the latest within 14 days of receipt of the goods, in writing. Hidden defects that can be proven must be reported in writing within 14 days of their discovery. If defects are not reported in due time, the goods shall be deemed approved. In such cases, the customer's corresponding warranty rights shall expire.
If warranty measures fail within a reasonable period of time, the customer may, at their discretion, demand a reduction of the remuneration or withdraw from the contract. Warranty claims are available only to the direct customer and are not transferable. Unless otherwise agreed, warranty work will be carried out during normal working hours.
If repairs or modifications are carried out on the delivered item by the customer or by a third party without the written consent of Qualitype Forensics GmbH, all warranty claims shall become void.
If operating or maintenance instructions of Qualitype Forensics GmbH are not followed, if changes are made to the products, parts are replaced, or consumables are used that do not conform to the original specifications, warranty claims for defects shall lapse unless the buyer can refute a substantiated claim that one of these circumstances caused the defect.

§ 8 Limitations of Liability

The following limitations of liability do not apply to damages resulting from intent, gross negligence, or the absence of warranted characteristics, nor to personal injury.
Claims for damages arising from impossibility or delay of performance, from positive breach of obligation, from culpa in contrahendo, and from tortious acts – both against Qualitype Forensics GmbH and its vicarious agents or assistants – are limited in amount to those damages that Qualitype Forensics GmbH could reasonably have foreseen at the time of contract conclusion, but in any case to a maximum of ten times the order value. The customer is solely responsible for safeguarding their data. Liability for loss of data is excluded unless the data loss was caused by intentional or grossly negligent actions or omissions by Qualitype Forensics GmbH or is due to the absence of characteristics warranted by Qualitype Forensics GmbH.
Qualitype Forensics GmbH is not liable for damages resulting from misuse of the computer system or from insufficient regular backup of data in the form of backup copies.

§ 9 Retention of Title

Until all claims to which Qualitype Forensics GmbH is entitled now or in the future against the customer for any legal reason have been fulfilled, the following securities shall be granted to Qualitype Forensics GmbH, which it will release, at its discretion, upon the customer’s request, insofar as the value of the securities sustainably exceeds the value of the claims by more than 20%.
All goods delivered by Qualitype Forensics GmbH remain the property of Qualitype Forensics GmbH until full payment has been made and all claims arising from the business relationship have been settled. This also applies to conditional claims.
Any third-party access to goods owned or co-owned by Qualitype Forensics GmbH must be reported by the customer without delay. The customer shall bear any costs arising from such interventions, including the costs of a third-party objection lawsuit or the costs of an out-of-court release.
The claims arising from the resale or any other legal reason relating to the goods subject to retention of title (including all balance claims from current accounts) are hereby fully assigned by the customer to Qualitype Forensics GmbH by way of security.

§ 10 Withdrawal

If there is a significant deterioration in the financial circumstances of the customer that raises doubts about their solvency, or if Qualitype Forensics GmbH becomes aware of circumstances that call the buyer’s creditworthiness into question, Qualitype Forensics GmbH is entitled to withdraw from the contract or to withhold deliveries and services and to set the buyer a reasonable deadline to make advance payments or provide security. After the expiry of this deadline, Qualitype Forensics GmbH is entitled to withdraw from the contract.

§ 11 Data Protection

The customer authorises Qualitype Forensics GmbH and agrees that the data received in connection with the business relationship may be processed, stored, and evaluated by Qualitype Forensics GmbH in accordance with the Federal Data Protection Act.
Qualitype Forensics GmbH stores and uses the customer's personal data for processing orders and any potential complaints. Qualitype Forensics GmbH uses the customer’s email address only for information related to orders and for its own product information via email. If the customer provides their email address to Qualitype Forensics GmbH, they do so to give their consent to receive such information by email. This consent can be revoked at any time.
Qualitype Forensics GmbH does not pass on any personal customer data to third parties. The only exception to this is licensors who require information about the purchasers of the software for the purpose of verifying proper software licensing.
The customer has the right to access their stored data as well as the right to have it corrected, blocked, and deleted.

§ 12 Final Provisions

These Terms and Conditions and the entire legal relationship between Qualitype Forensics GmbH and the customer shall be governed by the laws of the Federal Republic of Germany. The provisions of UN sales law (CISG) do not apply.
Other agreements or declarations of intent by the contracting parties must be in writing in order to be legally effective. This also applies to any amendment of the requirement for written form.
The place of performance is Dresden. The exclusive place of jurisdiction for all disputes between the contracting parties, including actions on bills of exchange and cheques, shall be Dresden, insofar as this can be legally agreed.
Should any of these provisions be invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by valid regulations that come as close as possible to achieving the intended economic purpose.

End-user License Agreement (EULA)

Qualitype Forensics GmbH

§ 1. Introduction

This end-user license agreement is a legally binding contract between you (either as an individual or a corporation, subsequently referred to as the USER) and Qualitype Forensics GmbH.
The SOFTWARE includes computer software and may include associated media, printed materials, electronic documentation (integrated or online available) and internet-based services. Every computer software, documentation or internet-based service included in the SOFTWARE or made accessible via the SOFTWARE may have their own license agreements or instructions and are subject of these agreements and not this EULA.
The instructions of printed EULAs or other license agreements enclosed with the SOFTWARE supersede any instructions of the EULA displayed on the screen.
By installing, copying, downloading, accessing or otherwise using the SOFTWARE, the USER is bound by the terms of this EULA. If the USER does not agree to the terms of this EULA, the USER is not allowed to use or copy the SOFTWARE.

§ 2. Product License

This end-user license agreement is not a sales contract. Qualitype Forensics GmbH grants the USER the non-transferable (excluded is § 3.2) and non-exclusive right to use the SOFTWARE only for own purpose within the scope of the following conditions.
The authorization to use multi-user SOFTWARE includes the right to install and use the SOFTWARE on a central computer system and connected workplaces if the number of installations does not exceed the number of purchased licenses. A license may not be shared or used for multiple computer systems at the same time. The USER is responsible for access protection in order to guarantee that the use of the SOFTWARE does not exceed the number of purchased licenses, or to purchase the required number of missing licenses.
An integration of the SOFTWARE or parts of the SOFTWARE into other programs or systems is not allowed unless permitted in writing by Qualitype Forensics GmbH.
If the USER changes the hardware of the computer system that uses the licensed SOFTWARE, the USER must delete the SOFTWARE from the mass storage of the computer system.
The USER has no right to reverse engineer, decompile or disassemble the SOFTWARE except explicitly permitted by Qualitype Forensics GmbH.
The USER has no right to make a higher number of SOFTWARE copies than indicated in this contract except explicitly permitted by Qualitype Forensics GmbH.
The USER has no right to release the SOFTWARE in order that third parties can copy it.
There are technical measures in this SOFTWARE that are designed to prevent unlicensed use of the SOFTWARE. The license rights granted under this EULA are limited unless the USER requests a valid license key and registers it with the SOFTWARE. For requesting a license key the USER may need to provide qualitype GmbH with additional information. The USER may also need to request a new license key if the hardware or software environment of the computer system is significantly modified. No personal information will be collected during this process. Qualitype Forensics GmbH will only use those measures to confirm the USER has a licensed copy of the SOFTWARE. If the USER does not have a license, use of the SOFTWARE as well as updates of the SOFTWARE are not permitted.
The USER is allowed to make one copy of the SOFTWARE as a backup. This backup may be used by the USER for archiving purposes or to re-install the SOFTWARE on the computer system.
Qualitype Forensics GmbH reserves all proprietary and intellectual property rights in the SOFTWARE (including, but not limited to, images, photos, animations, videos, audio, music, and text included in the SOFTWARE), the printed materials, and every copy of the SOFTWARE.
All proprietary and intellectual property rights not included but accessible by the SOFTWARE are subject to the rights of the owner and may be protected by applicable copyright or other laws and agreements concerning intellectual property.

§ 3. Limitations

The SOFTWARE has to be used only at the workspace of the USER. The USER is not allowed to rent, lease, lend, or sub-license the SOFTWARE.
Any transfer of the SOFTWARE to a third party is permitted only if the USER transfers the SOFTWARE completely without keeping any copies and the receiver accepts all instructions of this end-user license agreement with qualitype GmbH in writing. In addition, Qualitype Forensics GmbH has to approve the transfer in written form.
The USER is not allowed to change, modify, or edit the SOFTWARE in any way without prior permission from Qualitype Forensics GmbH. This does not apply if such activity is necessary for the intended use of the SOFTWARE.
The SOFTWARE is licensed as a single product. The USER is not allowed to divide the components for use on more than one computer.
Qualitype Forensics GmbH reserves the rights to modify, enhance, improve or replace the SOFTWARE, including the enclosed materials at any time. Qualitype Forensics GmbH is not required to inform the USER about changes, new developments and improvements, or to provide these to the USER.

§ 4. Evaluation and time-limited usage

If the SOFTWARE is labeled as a demo version (e.g. by a time-limited demo license key), it is exclusively provided for evaluation only. During the evaluation time period the USER may use the SOFTWARE for evaluation purposes only. The usage of the SOFTWARE for any other purpose, especially the commercial usage, is strongly prohibited. To extend the usage of the SOFTWARE beyond the evaluation time period, the purchase of a license is required. After purchasing a license for the SOFTWARE the usage is no longer limited by the limitation noted in this paragraph.
If the SOFTWARE is provided for usage for a limited time period or duration only (e.g. by a time-limited license key), the SOFTWARE will no longer usable after the expiration of this time period. Any further usage beyond this time period or any attempt to disable the time control function is a violation of this agreement and the copyright.

§ 5. Term

A license granted with this EULA will terminate automatically if the USER fails to comply with one of the terms and conditions set forth above. In this case, Qualitype Forensics GmbH can terminate the contract without previous notice where-upon the license loses its validity with immediate effect. In this instance, the USER is liable to return the SOFTWARE and all copies to Qualitype Forensics GmbH or to destroy the SOFTWARE and all copies. A written certification of the destruction must be sent to Qualitype Forensics GmbH.

§ 6. Support

For product support services a separate support/maintenance agreement is required.
Providing support services beyond a support/maintenance agreement is in the sole discretion of Qualitype Forensics GmbH and includes no warranty or guarantee. This does not apply if Qualitype Forensics GmbH has voluntarily ensured a defined period of support and maintenance services to the USER.
Unless otherwise noted, the USER authorizes Qualitype Forensics GmbH to collect and use information gathered within the scope of the provided product support. Qualitype Forensics GmbH may use this information to advance the products and to pro-vide services or technology assistance.

§ 7. Warranty

Both parties to the contract agree that it is – state-of-the-art – not possible to develop data processing programs which are adequate for all user requirements. However, Qualitype Forensics GmbH guarantees that the SOFTWARE is adequate for the uses described in the user manual. Qualitype Forensics GmbH does not guarantee that the SOFTWARE will satisfy the requirements of the USER or that the SOFTWARE will work with other programs.
Qualitype Forensics GmbH does not grant special properties of the SOFTWARE, neither explicit nor implicit. The USER is responsible for the selection of the SOFTWARE, its use and the achieved results. The user is responsible for all results generated with the SOFTWARE.
Data sets in the SOFTWARE, including those already deposited in the SOFTWARE (genetic reference data: allele frequencies, bin and panel files and further information on genetic markers), are provided without any warranty by Qualitype Forensics GmbH. Included reference data originates from publicly available scientific sources. Furthermore, the following applies: no updates for supplied reference data will be provided by Qualitype Forensics GmbH. The USER is responsible for independently added data.
The USER is required to check the SOFTWARE and the enclosed documentation immediately and with reasonable thoroughness. All deficiencies hereby recognized have to be reported to Qualitype Forensics GmbH in written form within four-teen days after starting to use the SOFTWARE. Latent deficiencies need to be reported similarly after their detection. If any deficiency is not reported as described above, any warranty by Qualitype Forensics GmbH is excluded.
In the case that the SOFTWARE shows extensive discrepancies with the described specifications, Qualitype Forensics GmbH is obliged to choose between the rectification of defects and a replacement. If the rectification of defects and/or a replacement is unsuccessful the USER can demand to cancel the contract.
Any guarantee claims will be omitted if the SOFTWARE is not used according to the regulations of the contract, the instructions of the user manual, or the SOFTWARE is modified without written permission of Qualitype Forensics GmbH.
In case of unfounded notification of defects, Qualitype Forensics GmbH reserves the right to make a claim to the USER for the costs.
Qualitype Forensics GmbH keeps the USERS indemnified against trademark rights and compensation claims of a third party.

§ 8. Liability

Qualitype Forensics GmbH is – to the extent permitted by law – only liable for damages resulting from the SOFTWARE or its use, if the damage was caused by intention or gross negligence on the part of Qualitype Forensics GmbH or vicarious agents. Any liability for indirect and consequential damages and losses is excluded.
The liability of Qualitype Forensics GmbH is limited to such immediate damages that are typically foreseeable within the scope of using the software. Any liability for mediate damages is excluded.
The liability of Qualitype Forensics GmbH is limited to the amount paid as the license fee and to a maximum amount of 100,000 EUR (verbal: one hundred thousand euros).
The USER is the contractual partner of Qualitype Forensics GmbH exclusively. A contractual liability to third parties does not exist.
A further liability for damages is excluded without consideration of the legal status of the asserted claim. Any statutory obligatory liability in particular the product liability law, however, will remain unaffected.
Qualitype Forensics GmbH is only liable for data loss – except when acting deliberately – if the USER has carried out system audits and backups regularly and only to the extent to which data is reproducible with reasonable effort.
Claims concerning damages need to be asserted in written form to Qualitype Forensics GmbH immediately after the USER takes notice of such damages.
Unless damage claims do not expire earlier according to statutory law, such claims expire at the latest three years after such claim commenced.

§ 9. Data Security

Qualitype Forensics GmbH is bound to observe the prevailing legal data protection regulations in the Federal Republic of Germany.
Qualitype Forensics GmbH has no own rights to USER data and is only permitted to gather, save, process, transmit, or use data within the scope of the particularly conceded powers (as for support or maintenance requests). The data can only be collected, saved, processed, transmitted, or used for the purposes as previously agreed with the USER.

§ 10. Applicable Law and Place of Jurisdiction

This EULA is subject to and shall be construed in accordance with the laws of Germany. The provisions do not apply on the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Any suit brought by qualitype GmbH or the USER will be subject to the exclusive jurisdiction of the courts of Dresden (Germany) as the business place of Qualitype Forensics GmbH.

§ 11. Final Clause

There are no additional verbal agreements. Changes and additions to this contract require a written form.
Should a single term or a part of a term of this contract be invalid or become invalid or should the contract contain a regulatory gap to be filled, the validity of the contract as a whole is not affected.

Qualitype Forensics GmbH
Moritzburger Weg 67
01109 Dresden (Germany)

Phone +49 351 8838 2800
Fax +49 351 8838 2809

Email info@qualitype-forensics.de
Web www.qualitype-forensics.de